Stewart v. L.A. Fitness International, LLC
Plaintiff: April Stewart
Defendant: L.A. Fitness International, LLC
Case Number: 4:2012cv00100
Filed: February 21, 2012
Court: US District Court for the Eastern District of Texas
Office: Sherman Office
County: Collin
Presiding Judge: Ron Clark
Referring Judge: Amos L (Mag) Mazzant
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 3, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2013 Opinion or Order Filing 38 ORDER OF DISMISSAL granting #37 Motion to Dismiss. All relief not previously granted is hereby DENIED. Signed by Judge Ron Clark on 5/2/13. (cm, )
April 29, 2013 Filing 37 Agreed MOTION to Dismiss with Prejudice by L.A. Fitness International, LLC. (Attachments: #1 Proposed Order)(Saenz, Jeremy) (Attachment 1 replaced on 4/30/2013) (cm, ).
March 20, 2013 Filing 36 Minute Entry for proceedings held before Judge Ron Clark: Settlement Conference held on 3/20/2013. (Court Reporter ECRO: Kyla Dean.) (fal, )
March 20, 2013 NOTICE of Settlement Conference set for 3/20/2013 at 01:30 PM via telephone conference in Ctrm 102 (Beaumont) before Judge Ron Clark. (bmo, )
March 14, 2013 NOTICE Jury Selection and Jury Trial RESET for 4/9/2013 at 09:00 AM in Ctrm A01 (Sherman - Annex) before Judge Ron Clark. (bmo, )
March 13, 2013 Filing 35 First MOTION in Limine by L.A. Fitness International, LLC. (Saenz, Jeremy) (Additional attachment(s) added on 3/14/2013: #1 Text of Proposed Order) (cm, ).
March 13, 2013 Filing 34 Proposed Pretrial Order by April Stewart. (Huff, Ronald)
March 13, 2013 Filing 33 MOTION in Limine by April Stewart. (Attachments: #1 Text of Proposed Order)(Huff, Ronald)
March 13, 2013 Filing 32 ***FILED IN ERROR. Document # 31, Motion in Limine. TO BE REFILED. PLEASE IGNORE DOCKET ENTRY #31.*** (kls, )
March 13, 2013 Filing 31 ***DISREGARD ENTRY - FILED IN ERROR - TO BE REFILED*** MOTION in Limine by April Stewart. (Attachments: #1 Text of Proposed Order)(Huff, Ronald) Modified on 3/13/2013 (kls, ).
March 13, 2013 Opinion or Order Filing 30 ORDER Re: PRESENTING WITNESSES. Signed by Judge Ron Clark on 3/12/13. (cm, )
March 11, 2013 Filing 29 NOTICE by L.A. Fitness International, LLC (Saenz, Jeremy)
March 7, 2013 Opinion or Order Filing 28 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #16 Motion for Summary Judgment, filed by L.A. Fitness International, LLC, #21 Report and Recommendations. Defendants Motion for Summary Judgment [Doc. # 16] is GRANTED in part and Plaintiffs claims for retaliation under Title VII and for intentional infliction of emotional distress under Texas law are DISMISSED. IT IS FURTHER ORDERED THAT the motion is DENIED as to Plaintiffs claim for hostile work environment under Title VII. Signed by Judge Ron Clark on 3/6/13. (cm, )
March 6, 2013 Opinion or Order Filing 27 ORDER ON LIMITATIONS OF TRIAL TIME. Signed by Judge Ron Clark on 3/6/13. (cm, )
March 5, 2013 Additional Notice of RESET Hearing due to Clerical Error: Final Pretrial Conference set for 4/2/2013 01:30 PM in Video Conference before Judge Ron Clark. (cm, )
March 5, 2013 NOTICE of Final Pretrial Conference RESET for 4/2/2013 at 01:30 PM in Video Conf Rm (Sherman) before Judge Ron Clark. (bmo, )
February 27, 2013 Filing 26 NOTICE by L.A. Fitness International, LLC of Intent to Offer Certified Records (Saenz, Jeremy)
February 4, 2013 Filing 25 RESPONSE to #24 Objection to Report and Recommendations filed by April Stewart. (Huff, Ronald)
January 22, 2013 Filing 24 OBJECTION to #21 Report and Recommendations of the Honorable Magistrate Judge by L.A. Fitness International, LLC. (Saenz, Jeremy)
January 22, 2013 ***FILED IN ERROR. Document # 23, APPEAL OF MAGISTRATE JUDGE DECISION, to be Refiled using the "Objection to Report and Reccomendations" Event Code. PLEASE IGNORE.*** (cm, )
January 18, 2013 Filing 23 ***FILED IN ERROR. TO BE REFILED. PLEASE IGNORE.***APPEAL OF MAGISTRATE JUDGE DECISION to District Court by L.A. Fitness International, LLC re #21 Report and Recommendations, (Saenz, Jeremy) Modified on 1/22/2013 (cm, ).
January 11, 2013 Opinion or Order Filing 22 ORDER, ( Simplification of Issues due by 3/1/2013.) By March 1, 2013, at 4:00 p.m., the parties shall each submit to the court an estimate of the time that party needs to complete the presentation of testimony in this case. Signed by Judge Ron Clark on 1/11/13. (cm, )
January 4, 2013 Filing 21 REPORT AND RECOMMENDATIONS re #16 MOTION for Summary Judgment and Brief In Support Thereof filed by L.A. Fitness International, LLC.Within fourteen (14) days after service of the magistrate judge's report, any party may serve and file written objections to the findings and recommendations of the magistrate judge. 28 U.S.C. 636(b)(1)(c). Signed by Magistrate Judge Amos L. Mazzant on 1/4/13. (cm, )
December 6, 2012 Filing 20 REPLY to Response to Motion re #16 MOTION for Summary Judgment and Brief In Support Thereof filed by L.A. Fitness International, LLC. (Saenz, Jeremy)
November 26, 2012 Filing 19 RESPONSE to Motion re #16 MOTION for Summary Judgment and Brief In Support Thereof filed by April Stewart. (Attachments: #1 Affidavit of Ronald R. Huff, #2 Exhibit A, excerpts of deposition of Brandon Mickish, #3 Exhibit B, Affidavit of April Stewart, #4 Text of Proposed Order)(Huff, Ronald)
November 6, 2012 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to File Response/Reply re #16 MOTION for Summary Judgment and Brief In Support Thereof. Responses due by 11/26/2012. Signed by Magistrate Judge Amos L. Mazzant on 11/6/2012. (bjc)
November 5, 2012 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Summary Judgment and Brief In Support Thereof by April Stewart. (Attachments: #1 Text of Proposed Order)(Huff, Ronald)
October 24, 2012 Filing 16 MOTION for Summary Judgment and Brief In Support Thereof by L.A. Fitness International, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Text of Proposed Order)(Saenz, Jeremy)
October 16, 2012 Filing 15 NOTICE by L.A. Fitness International, LLC Defendant's Designation of Expert Witnesses (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Saenz, Jeremy)
October 11, 2012 ***FILED IN ERROR. Document # 14, Additional Attachments to Main Document:, to be Refiled using the Correct Event. PLEASE IGNORE.*** (cm, )
October 5, 2012 Filing 14 ***FILED IN ERROR, PLEASE IGNORE.***Additional Attachments to Main Document:. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Saenz, Jeremy) Modified on 10/11/2012 (cm, ).
September 7, 2012 Filing 13 NOTICE by April Stewart Plaintiff's Designation of Expert Witness (Huff, Ronald)
July 2, 2012 Set/Reset Hearings: Jury Selection set for 4/8/2013 09:00 AM in Ctrm A01 (Sherman - Annex) before Judge Ron Clark. (tls, )
July 2, 2012 ***NOTICE OF CORRECTION*** Page 3 of the Scheduling Order entered on June 29, 2012 (Dkt. #12) should reflect Jury selection and trial on April 8, 2013, rather than bench trial (tls, )
June 29, 2012 Opinion or Order Filing 12 SCHEDULING ORDER: Docket Call and Final Pretrial Conference set for 4/3/2013 09:00 AM Video Conference before Judge Ron Clark. Bench Trial set for 4/8/2013 09:00 AM in Ctrm A01 (Sherman - Annex) before Judge Ron Clark. Amended Pleadings due from Plaintiff by 9/4/2012 and from Defendant by 10/5/2012. Discovery due by 12/14/2012. Expert Witness List due from Plaintiff by 9/7/2012 and from Defendant by 10/5/2012. Joinder of Parties due by 8/10/2012. Mediation Completion due by 12/21/2012. Motions due by 10/24/2012. Signed by Magistrate Judge Amos L. Mazzant on 6/29/12. (cm, ) Modified on 3/5/2013 (cm, ).
June 29, 2012 Set Deadlines/Hearings: Bench Trial set for 4/8/2013 09:00 AM in Ctrm A01 (Sherman - Annex) before Judge Ron Clark. (cm, )
June 28, 2012 The Scheduling Conference set for June 28, 2012, is hereby CANCELLED. The Court will enter a Scheduling Order (tls, )
June 1, 2012 Filing 11 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Appendix 1)(Saenz, Jeremy)
May 25, 2012 Filing 10 NOTICE of Discovery Disclosure by L.A. Fitness International, LLC (Saenz, Jeremy)
May 24, 2012 Filing 9 NOTICE of Discovery Disclosure by April Stewart (Huff, Ronald)
March 23, 2012 Filing 8 NOTICE by April Stewart Plaintiff's Certificate of Interested Persons (Huff, Ronald)
March 22, 2012 Opinion or Order Filing 7 ORDER GOVERNING PROCEEDINGS, ( Scheduling Conference set for 6/28/2012 09:00 AM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Amos L. Mazzant.). Signed by Magistrate Judge Amos L. Mazzant on 3/22/12. (cm, )
March 19, 2012 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Ron Clark for all further proceedings. Judge Michael H. Schneider no longer assigned to case. Signed by Judge Michael H. Schneider on 3/14/12. (cm, )
March 16, 2012 Filing 6 ANSWER to #1 Complaint by L.A. Fitness International, LLC.(Saenz, Jeremy)
February 29, 2012 Filing 5 Return of Service Executed as to L.A. Fitness International, LLC on 2/24/2012, answer due: 3/16/2012. (cm, )
February 22, 2012 Filing 4 SUMMONS Issued as to L.A. Fitness International, LLC. (cm, )
February 21, 2012 Filing 2 Case Assigned to Judge Michael H. Schneider and Magistrate Judge Amos L. Mazzant Pursuant to a Standing Order. (cm, )
February 21, 2012 Filing 1 COMPLAINT against L.A. Fitness International, LLC ( Filing fee $ 350 receipt number 0540-3454739.), filed by April Stewart. (Attachments: #1 Civil Cover Sheet)(Huff, Ronald)
February 21, 2012 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (cm, )

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Plaintiff: April Stewart
Represented By: Ronald R Huff
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Defendant: L.A. Fitness International, LLC
Represented By: Jeremy Daniel Saenz
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